Facebook Post Results in Ind. Police Officer`s Suspension

Nov. 01--A political posting on Facebook by a Terre Haute police officer -- one his chief deemed inaccurate -- has led to the officer's suspension.

The disciplinary action taken against Lt. Gary Shook, who was suspended for two days without pay, is a matter now scheduled to go before the police merit board on Nov. 18. Shook's attorney, Joe Etling, told the Tribune-Star that he believes Shook's posting about the mayor's race on his personal Facebook page is protected freedom of speech.

Police Chief John Plasse, a supporter of Mayor Duke Bennett, took issue with his officer's posting, which the chief said was inaccurate. Plasse acknowledged he told Shook to remove the remarks, which the officer did. Before the Facebook posting was removed, however, someone copied the text and posted it Oct. 18 to the "Mark Bird for Mayor" Facebook site, where it can be read.

Shook's suspension is in keeping with the THPD's new policy regarding online activity, according to Chief Plasse, who said he could not elaborate given that the disciplinary action is pending before the merit board. He cited the same in declining a Tribune-Star request for copies of the documents related to Shook's suspension.

Prior to Shook's posting, THPD adopted a "Use of Electronic Social Media" policy that cautions personnel against disclosing online the nature of their employment, for safety and security reasons. However, several THPD employees do reference their employment on their Facebook pages, including posting police and department-related photos and logos.

Etling believes that Shook's posting about the mayoral race is no different than any other police officer supporting a candidate on their personal Facebook pages. In fact, several police officers, including Chief Plasse, have posted photos and statements supporting Mayor Bennett for re-election.

The background or "wall" of Plasse's Facebook page is the slogan "Duke Bennett for Mayor." A photo of Bennett wearing a shirt sporting the words "Police For Duke 2015" is found on the Facebook pages of Plasse and other THPD officers.

Terre Haute police officers, including the chief, wore the same shirt in the Labor Day parade and are seen wearing it in Facebook photos. Plasse said officers have been instructed not to wear their police uniforms while endorsing any candidate, including in photos, while campaigning in public, walking in parades or other political venues.

The chief said that THPD has its own independent Facebook page, which he administers, that does not carry political endorsements. Plasse also emphasized that the police union is separate from the police department, and a union endorsement of any candidate does not represent the THPD.

Etling defends Shook's Facebook posting by pointing to a 2011 Indiana Supreme Court case decided in favor of a Hancock County firefighter whose employment was terminated after he sent an email that the fire chief claimed contained false statements of fact. The court found the email was constitutionally protected free speech, noting that the email contained the firefighter's opinion and even if statements were false, they did not cause any actual harm to the fire department.

Lisa Trigg can be reached at 812-231-4254 or at lisa.trigg@tribstar.com. Follow her on Twitter at TribStarLisa.

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